Stores, Inc. v. Kalfin

Nichols, Justice.

On April 1, 1968, an equitable petition was filed in the Superior Court of DeKalb County, and a temporary restraining order granted. On April 30, 1968, a motion to dismiss for failure to state a claim was filed by the defendant and, after hearing evidence and argument of counsel, a judgment was rendered dismissing the plaintiff’s petition. On May 31, 1968, a motion to reconsider was filed in the trial court which, after amendments were filed by the plaintiff, was finally disposed of on July 17, 1969. A notice of appeal was filed on August 15, 1969'. Held:

1. Under the…